Immigration

[LisaB]

We are taking care of a little girl who is a US citizen Maria for the summer while her father is in Canada. Both of her parents are Chinese citizens. Her mother is here on the father's visa and the father went to Canada. Long story short he is stuck in Canada because he wasn't suppose to leave the US except to go to China. The little girl's passport has expired. What can be done about her mother's visa status. She states that she doesn't have a social security card. How can she get a social security card????

 

[TDC Nala]

I think they may need an immigration attorney.

 

[paigevz]

Well, I don't know all the ins and outs, but I know she can't get a social security card because she isn't a citizen. If she doesn't even have a visa, but is traveling as a spouse on her husband's work visa, and he is not using it for the work he said he would when he applied for it (here in the US, not in Canada.........he can't just change his mind, what's happened is he was illegally working in Canada), then it's going to be suspended or revoked most likely. I imagine the Canadian immigration officials have already contacted US immigration about it.

I think when all is said and done, they will all be asked to go back to China now.

 

[LisaB]

About the social security card many non us citizens have social security cards. The husband went looking to immigrate to Canada. The little girl is a US citizen so her right to be here is safe

 

[paigevz]

Yes, but if her parents leave, she won't stay.

I really don't think that non citizens have social security cards. That's why we have to call for special state ID numbers for the kids in our school who don't have and can't get.

 

[SeattleRedBear]

Immigration attorney still sounds like the best option to me.

 

[barkley]

def. a GOOD immigration attny. if she is a citizen by virtue of her birth she may be eligible to certain public assistance programs but unless you have documentation that you are her legal guardians and able to act as such you will be unable to attain them for her (you can't just do it via parental permission-either verbal or written).

traditionaly the u.s. took the stance that they would not deport the illegal citizenship status parents of a u.s. born citizen child, but because of abuses by mostly mexican citizens who would illegaly cross the border immediatly prior to going into labor to gain deportation protection via their children-ins is much more willing to deport the parents (and have them take their u.s. citizen children) and have them fight re-entry from their place of citizenship.

if the little girl's passport has 'expired' and this is an issue re. her travel outside the u.s.- i would question her status as a u.s. citizen-a u.s. citizen is not required (as of this date) to have a passport for international travel- nor is their citizenship reliant on the citizenship of their parents. however an unrealted adult without legal parentage (via adoption) or guardianship cannot apply or renew a minor's passport for travel outside the u.s. (in fact a single parent with full u.s. citizenship along with their u.s. born birth children, without documentation of sole legal custody or the verified approval of the non custodial parent for travel outside the u.s. is not permitted to travel outside u.s. borders).

sounds like the dad left the u.s inappropriatly (based on the original conditions of u.s. entry) and will not be permitted re-entry, mom is 'piggybacked' entry based on dad's original entry status (and has no valid basis for her own status or re-entry). the child if she is a valid u.s citizen can remain without her parents, but if she is 'piggybacked' based on mom based on dad-ins will eventualy call her status into question.

the mom of the child cannot get a social security card without legal entry into the united states (and at this point it likely would have to be based on herself vs. her husband).

 

[Syrreal]

Actually, you can get a SSN if you are a resident alien (hold a green card).

Barkley, are you sure about US citizens not needing a passport for travel? To my knowledge, they are just currently not needed for travelling to canada, mexico, and some caribbean islands (and that will be changing very soon). Most other countries to require passport usage both for entering and exiting their countries (along with any necessary visas). This is also for citizens of said country. Granted, in this case, I am speaking only of international travel.

To the OP, I will 3rd (or 4th...or 5th) the need for an immigration lawyer.

 

[barkley]

Actually, you can get a SSN if you are a resident alien (hold a green card).

Barkley, are you sure about US citizens not needing a passport for travel? To my knowledge, they are just currently not needed for travelling to canada, mexico, and some caribbean islands (and that will be changing very soon). Most other countries to require passport usage both for entering and exiting their countries (along with any necessary visas). This is also for citizens of said country. Granted, in this case, I am speaking only of international travel.

To the OP, I will 3rd (or 4th...or 5th) the need for an immigration lawyer.

re. the social security card-you're right about if you're a resident alien but that has to be approved via ins and it does'nt sound like the mom of the child has done that (and i'm kinda confused-is mom currently here or in canada-op sez they are taking care of the child. if the child is here and both parents are in canada and unable to reenter the u.s. it seems the child could be reunited outside the u.s. with the aide of either the ins or the consolate (? not sure of spelling) of their citizenship-might not happen in canada but i would think it would be facilitated).

re. passports-i think it changes alot at the end of this year, but i think there have/are some odd rules about what the u.s. requires passport wise to leave and return vs. what other countries require. when we've traveled outside the u.s. it depended on where we were going if we needed to take our passports-some destinations it would have been no problem to get on a u.s. flight and travel to w/o our passport but upon arriving we would never get out of the international terminal (we would have gotten stuck like tom hanks in 'terminal' ).

the whole issue of citizenship and passports was the subject of a realy interesting radio show i listened to last week. the host is a local well regarded attny. who offers some legal advice on his program. a guy called up and told how his wife always gets questioned when traveling 'back home' to another country (i think italy) because she has the same first and last name as well as birth year of a person who has an international warrant out for their arrest-he was trying to find out if there was some way he could get something put into place that could be referred to (internaly) by officials when this occurs. the host talked about it-and then brought up the issue of (mostly) women who marry u.s. citizens and live her for decades but never go through the formal steps to be deemed u.s. citizens and get u.s. passports. the host's wife was irish born and had done the same. his and her concern as well as some others were that with immigration being a hot issue it might be in the best interest of these spouses to take the formal steps to be classified u.s. citizens esp. if they were going to travel outside the u.s.-in an emergency situation or during a 'high alert' period wherein a person needed/wanted the aide of the u.s. government-having established and documented u.s. citizenship and that u.s. passport could make all the difference in accessing assistance.

 

[LisaB]

I know that Maria is a US citizen because I have a copy of her birth certificate. Dad had a social securtity card according to Mom and Dad is in Canada Mom is here

 

[ducklite]

Yes, but if her parents leave, she won't stay.

Not neccessarily.

I really don't think that non citizens have social security cards.

You think wrong. If he was here on a 10-B or any number of other non-student, non-tourist visa's he was probably issued a SS#.

That's why we have to call for special state ID numbers for the kids in our school who don't have and can't get.

That's a different issue.

Anne

 

[Luv'sTink]

She can not get a social security card until she becomes a legal permanent resident, then they allow a ss card, the card will have something like only valid with a permanent resident card printed on it.

You or she could actually call Immagration USCIS 1 (800) 375-5283 or visit the website for more information.

If you call they will probably only give you general type answers but at least it would be a place to start.

 

[Toby'sFriend]

I agree with the Immigration attorney.

But out of curiosity, why does the Mom need a Social Security card? Does she need to get a job now? How will that help get the Father back into the United States?

 

[LisaB]

I called the US Senator for RI who basically said that since the mother hasn't abandoned her then we are basically just the babysitters. Her visa staus relies on her husbands so anything that happens to him happens to her. Maria the little girl can't get her passport renewed without both parents being present so the Mom can not send her to China. If Mom get deported and Dad can't get back in then Maria would become a ward of the state.

 

[ducklite]

I called the US Senator for RI who basically said that since the mother hasn't abandoned her then we are basically just the babysitters. Her visa staus relies on her husbands so anything that happens to him happens to her. Maria the little girl can't get her passport renewed without both parents being present so the Mom can not send her to China. If Mom get deported and Dad can't get back in then Maria would become a ward of the state.

Fortunately, the State would probably allow her to remain in your care unless she has relatives in the area. You might want to begin to quietly look into what it would take to be certified as foster parents if you are willing to take on this responsibility.

Anne

 

[Luv'sTink]

Opps double post

 

[Luv'sTink]

Is the father in jail in Canada? If not, he can sign a paper giving his permission for the passport and then he does not have to be present. Passport for Minors It is Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor Under Age 14

Been there done that.

 

[LisaB]

No he isn't in jail in Canada but I don't really want to see this little girl go back to live in China with her gma and lose all her English

 

[barkley]

Fortunately, the State would probably allow her to remain in your care unless she has relatives in the area. You might want to begin to quietly look into what it would take to be certified as foster parents if you are willing to take on this responsibility.

Anne

not nesc. true-even if the person is a lic. foster care provider. when a child is deemed 'abadoned" depending on how the state they are in structures their child welfare system they may initaly be taken into protective custody and placed in an interim placement until a court determines an appropriate long term placement. some states have specific rules about how long a child can be with an individual foster care family (those that want to discourage people who are realy interested in adopting from trying to use this as a means). i've even seen kids that were abandoned with family members have to go to interim placements until the disposition of the case is determined.

with a citizen child whose parents are not in residence in the u.s. there would likely be court mandated inquiries into weather the parents want their child sent to the country they are residing in-and in some cases where another country reccognizes 'dual citizenship' (you're u.s. born but by virtue of parents being citizens of another you are a citizen until adulthood)-that country may have international laws in place that requires (if the bio parent desires the child's return) their u.s. based consolate takes over to fast track their reunification.

even with abandoned children the goal is family reunification-so if a u.s. born child has parents who are not u.s. citizens and desire their child to be with them-it will be the goal of the overseeing agency.

if the mom is deported the child will not become an automatic ward of the courts-ins will not force/deport the child but they will not prevent the mother from taking her child if she so desires.

sounds like there are ins forms so that the dad can do his part of the paperwork and send it to the mom who can then take it and renew the child's passport. i would think dad would also need to do a notarized letter authorizing the child to travel outside the u.s. (even u.s. parents with u.s. kids need this if only one parent is traveling with them-protection against international abductions in child custody cases).

i can't tell from the posts if the issue is with the bio mom or the o.p-sounds like bio mom in absence of being granted the legal right to stay in the u.s. wants to renew the passport so she can travel back with her child to her home country but the op wants the child to remain even if the mom has to go. unless bio mom and dad are willing to go the entire route and give full legal guardianship or allow the op to adopt what happens with the child in this situation is outside the op's control.

 

[LisaB]

The issue is that bio mom Jenny wants Maria said child to go back to China if she can't handle Maria on her own. Father would like Maria to be kept in America but he is stuck in Canada.